A $188 million judgment for damages has Wal-Mart officials asking the United Supreme Court to step in. The dispute started with a Pennsylvania class action lawsuit, involving approximately 187,000 Wal-Mart employees who worked for the company between the years of 1998 and 2006. The employees alleged that they were forced ...
May 12, 2015Philip Gordon
The Fourth Circuit reopened the door for a class action suit to proceed against a South Carolina company on allegations of racial discrimination. The suit started with seven black plant employees who brought suit in 2004 on behalf of a proposed class including more than 100 former and current black ...
May 11, 2015Philip Gordon
The salaries of top executives at Fannie Mae and Freddie Mac are under attack with the introduction of a new Congressional bill. Rep. Ed Royce, R-Calif., is sponsoring legislation that would potentially cap executive salaries within these two companies, making them comparable to the salaries of officials within the government’s ...
May 8, 2015Philip Gordon
Proposed revisions to Section 13(a)(1) of the federal Fair Labor Standards Act are coming under scrutiny as some question the Department of Labor’s (DOL) authority to create legislation. U.S. Secretary of Labor Thomas Perez recently announced that the agency submitted a proposal to the Office of Management and Budget (OMB) ...
May 6, 2015Philip Gordon
The whistleblower in a hedge fund advisor case recently received a $600,000 award from the U.S. Securities and Exchange Commission (SEC). The case involved allegations that the hedge fund owner made improper transactions with an affiliated broker dealer that she owned, without disclosing the affiliation to her client. The company’s ...
April 28, 2015Philip Gordon
Disputes between Boston area taxicab drivers and medallion owners came to a head as the Massachusetts Supreme Judicial Court issued a ruling in Sebago v. Boston Cab Dispatch. At the heart of the debate is the classification of these drivers as independent contractors, instead of employees. The Massachusetts Independent Contractor Statute Under the ...
April 25, 2015Philip Gordon
The Fair Labor Standards Act (FLSA) includes a provision that prohibits employers from retaliating against employees who file complaints against the employer with a government agency. For years, court across the country, including the Federal Appeals Courts remained split about whether this protection extended to employees who made complaints to ...
April 23, 2015Philip Gordon
The Equal Employment Opportunity Commission is taking a stance to protect transgender workers from employment discrimination. Though there is currently no federal statute expressly prohibiting this type of discrimination, the EEOC has chosen to pursue these matters under the sex discrimination clause of Title VII. One recently decided case involved a ...
April 15, 2015Philip Gordon
The National Committee on Pay Equality named Tuesday, April 14, 2015 Equal Pay Day in an effort to call attention to the inequitable pay gaps that still exist between female and male workers. Each year the organization selects a day to commemorate individuals who are making strides towards pay equality and ...
April 14, 2015Philip Gordon
The Equal Employment Opportunity Commission (EEOC) recently handed New York’s Department of Citywide Administrative Services (DCAS) a huge blow, when it issued a determination against the agency totaling more than $246 million. Details of the Case On behalf of a group of African American and Hispanic Administrative Managers, the Communications Workers of ...
April 13, 2015Philip Gordon
When most people hear the word internship, they think of an unpaid employment opportunity that offers a chance to learn the ropes of a job. In recent court cases, that general perception has been challenged as interns ban together and fight for various types of compensation. One such case involved ...
April 13, 2015Philip Gordon
“Former Professor Suing University Granted Tenure at Tufts,” The Crimson (April 3, 2015) (View Article)
April 4, 2015Philip Gordon
Have you ever been told to report fewer hours on your time card than you actually worked? Employees were given a much need break when the Eleventh Circuit Court recently ruled against an employer that encouraged under-reporting of overtime work. In the case of Bailey v. Titlemax of Georgia, the facts ...
March 10, 2015Philip Gordon
In an article entitled "Low Income Managers May Started Getting Paid for Overtime," the Boston Globe explores the new rules from the US Department of Labor. A link to that article is included here (Boston Globe Article). Let me know your thoughts.
February 19, 2015Philip Gordon
Before class action lawsuits can proceed, they must be certified as such by the court. In order for this to occur, the individuals bringing the suit must present evidence that “questions of law or fact common to the class members predominate over any questions affecting only individual members,” as required ...
February 11, 2015Philip Gordon
The legislative debate continues on the necessity for noncompetition agreements under Massachusetts state law. On the one hand, noncompetition agreements severely limit workers from changing companies, often requiring individuals to leave the state or work elsewhere altogether. On the other hand, employers complain that they must keep their workers from ...
February 10, 2015Philip Gordon
How do you prove you worked? Under the Fair Labor Standards Act, employers must compensate employees for any work that the employer did “suffer or permit” the employee to perform. It is a highly debatable standard that is often contested by workers who are classified as exempt employees, but seek compensation for ...
January 21, 2015Philip Gordon
The Massachusetts legislature stood up for fathers when it expanded the state’s family leave act. The Massachusetts Maternity Leave Act provided female employees with eight weeks of unpaid leave for the birth or adoption of a child, without fear of termination or retaliation. On April 7, 2015, the law will ...
January 14, 2015Philip Gordon